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Now there are 4 opinions/DBQs

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spirit_grt

Question

Doctors treating me for years say PTSD, MDD, GAD and Social Phobia.  Filed DBQ saying such.  Primary, PTSD.

1st C&P, all was confirmed, PTSD as primary, doctor put at 100%.

2nd C&P, talked to me for 10 mins, filed DBQ saying nothing wrong with me.  VA rejected saying basically,  bullshit.

3rd C&P, done by just review of records./files, DBQ says MDD.  

My question, and I know it will just be opinions, how do you think it will be ruled?  Granted, benefit of doubt "should" go to me, but how often does it?  Will they grant, or punt and I have to go back to judge?  How often, in this situation, do you think they grant without having to appeal again?

Yeah, I'm just burning off anxiety by asking, but I'm hoping someone might have a solid opinion.  

Thanks to all.

Gene

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Posted (edited)
5 hours ago, spirit_grt said:

1st C&P, all was confirmed, PTSD as primary, doctor put at 100%.

Believe it or not the VA is familiar with veterans having more than one diagnosis in the same category. The thing is you can only be rated for one which would be the predominant one. Now, not to screw with your mind I have seen the VA service connect a veteran with more than one, but the VA will only assign one rating to the most severe disability and say something like the veteran’s also have symptoms of other mental health issues that contribute to his/her overall condition. But as stated you will only have one mental health rating. Typically, after the appeal is remanded from the CAVC or the BVA a lot of appeals are granted, you just have to pay real close attention to your rating percentage and your effective dates. The VA has a problem with these and normally mess them up.

The bigger issue would be if the VA would try to rate you as incompetent and state that you cannot manage your own financial funds and try to assign you a fiduciary which is a person that controls your VA benefits. If you have a spouse, partner or family member you can trust with your benefits that would be fine but if not, then the VA would find you an outside fiduciary which could be a problem.

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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34 minutes ago, pacmanx1 said:

Believe it or not the VA is familiar with veterans having more than one diagnosis in the same category.

Thank you for the response.  Just checked, it has moved to decision phase so maybe soon.  They can pick which ever one they want-or all of them-just stop playing games and accept what the docs say.  I have a good lawyer on this but, in some ways, people here are easier to get opinions from as lawyers are always careful what they say. lol  Been at this since 2018, time to come to an end.  

Thanks for the opinion.  I will post results when they come in.

Gene

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I was the same way.  Like yourself, I wanted assurance it would all work out.   I get that.   But, Wait just a sec, while I Polish my crystal ball which predicts outcomes of lottery tickets, and VA rating decisions.  Darn, I dropped it and it broke.  I will never be able to replace it!  You wont either, you will just have to wait for the envelope.  

If you want a guess, you can do that better than I can, because you can read your file, while I cant.  Check to see if you have a current diagnosis, in service event, and nexus, and they are in your file.  If you get 8 more doctors opinons, you can round it out to an even dozen opinions, since pretty much everyone's opinion varies.  Good luck to you.  

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So the VA rated me as having PTSD due to MST, with MDD.  I would bet they will do the same to yours. Tbird is similar to yours I will PM her so she will comment on how they did hers.

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Went back to Preparation For Decision phase.  Guess I'll know soon if I have to keep fighting or if they finally do right.  Haven't had a drink since '78 but right now a bottle of Scotch is tempting.  

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Post it hear.

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